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Backdating PIP to 2016 after rule change?

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4 years 4 months ago #241907 by Perdita
Replied by Perdita on topic Backdating PIP to 2016 after rule change?
Hi Mosala/Gordon
I only got the 4 points 3 years ago, and then had a letter last year saying they were looking at mobility again, so it looks like I was one of the early ones to get checked with the opd rule. I expected to get mobility with my claim 3 years ago, and when it was reviewed with the checking through all claims due to the opd rule, it was not changed, I was kept on the 4 points.(I was surprised again)
Yet this time I got it the mobility with the assessor quoting the consultant's exact same evidence that was with my claim 3 years ago!
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4 years 4 months ago #241923 by mosala
Replied by mosala on topic Backdating PIP to 2016 after rule change?
Well, that sounds good then as the decision (after tribunal) was made in July 2017. I wonder if I should contact them in case I have been over looked?

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4 years 4 months ago #241924 by mosala
Replied by mosala on topic Backdating PIP to 2016 after rule change?
Cruella, What date was your decision made? My circumstances are the same now as they were 3 years ago too. I don't think I got a letter though, so perhaps I have been overlooked.

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4 years 4 months ago #241927 by Gordon
Replied by Gordon on topic Backdating PIP to 2016 after rule change?

mosala wrote: Well, that sounds good then as the decision (after tribunal) was made in July 2017. I wonder if I should contact them in case I have been over looked?


The Tribunal remakes the original Decision and it applies from the same date as that Decision so it doesn't matter when the Tribunal was, it is the date of the original Decision that is important.

Gordon

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 4 months ago #241998 by mosala
Replied by mosala on topic Backdating PIP to 2016 after rule change?
Gordon wrote "The Tribunal remakes the original Decision and it applies from the same date as that Decision so it doesn't matter when the Tribunal was, it is the date of the original Decision that is important"

I was 'told' of the Decision in a letter dated 28 Nov 2016. So if the actual Decision was made before 28 Nov 2016 then I suppose I won't qualify? I was hoping that they would go by the Tribunal Decision.

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4 years 4 months ago #242014 by Gordon
Replied by Gordon on topic Backdating PIP to 2016 after rule change?
mosala

Unless there was an Effective Date on the letter then the Decision should apply from the date on the Decision Letter.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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